HR Pulse - Winter 2008 - (Page 36)

>> BULLYING AS GENDER HARASSMENT 36 HR Pulse Winter 2008 opinion in EEOC vs. NEA Alaska, stated that bullies may take advantage of a predominantly female work environment (as in health care) because the bully is allowed to bully women, whom he is more comfortable abusing than men. The judge opined that, “There is no logical reason why such a motive is any less because of sex than a motive involving sexual frustration, desire, or simply a motive to exclude or expel women from the workplace.” What does this mean for you as the HR professional in the prevention and intervention of gender harassment and bullying? What are your responsibilities in cases of physician (or any employee) gender harassment and bullying? What additional steps may be required considering that nurses do not come forward and inform you of the behavior? The following crucial steps will minimize the amount of gender harassment and discrimination and bullying from occurring and therefore decrease your risk of liability. • Review your hospital harassment policy every year and revise it as needed to stay current with ever-evolving case law; be sure that the policy includes harassment related to all protected classes • Ensure that your hospital’s harassment policy includes a gender harassment deﬁnition and a sample of behaviors that constitute gender harassment; include examples of misconduct that would constitute harassment based on any protected class • Create a Workplace Conduct Policy that clearly prohibits any abusive bullying behavior • Disseminate the policies and actively communicate the policies to all employees and physicians on a yearly basis • Conduct a comprehensive harassment and bullying training for all supervisors, managers, senior management, administration, and physicians every 18 months by a subject matter expert. Do not use online training programs • Conduct harassment and bullying training for all employees every two to two-and-a-half years • Follow your policies • Ensure that whoever investigates claims of harassment and/or bullying has been adequately trained, recognizes gender harassment (and any other protected class-based harassment) and is a competent investigator • Partner with medical directors, senior administration, and the physicians group practices to collaborate in the prevention and intervention of physician abusive behavior ensuring that it not occur or continue even if it requires terminating a physician’s privileges or employment • Include the hospital’s harassment and workplace conduct policies, including consequences to physicians who harass and bully, in the medical staff bylaws and enforce them • Work with OR management to assess the OR climate and physician behavior by proactively interviewing nurses regarding physician behavior. Act on the results of the assessment where appropriate to stop the gender harassment and bullying • Counsel managers and administrators about the consequences and potential liability for failure to hold physicians accountable for gender harassment and bullying. Female nurses are experiencing gender harassment and discrimination by male physicians according to the research discussed in this article. As human resources professionals, you play a pivotal role in the prevention and intervention of this abusive behavior. Implementing the steps discussed will not only minimize the behavior, but will positively impact the OR environment thereby improving morale, decreasing errors, and improving patient care. References EEOC v. National Education Association. 422 F. 3d 840 (9th Cir. 2005). Fitzgerald, L. F., Gelfand, M. J., & Drasgow, F. Measuring sexual harassment: Theoretical and psychometric advances. Basic and Applied Social Psychology, 17(4), 425-445. (1995) Retrieved April 14, 2004, from ProQuest database. Strauss, S. L. (2007). Quantitative and qualitative analysis of physician abuse as gender harassment to female and male registered nurses in the operating room. Doctoral dissertation, St. Mary’s University, Minneapolis, MN 2007. Retrieved from ProQuest Digital Dissertations: Humanities & Social Sciences Collection. (AAT 3290679) U.S. Equal Employment Opportunity Commission. Enforcement guidance: Vicarious employer liability for unlawful harassment by supervisors. June 18, 1999. Retrieved November 25, 2003, from www.eeoc.gov/docs/harassment.html. Yoder, J. D., & Aniakudo, P. When pranks become harassment: The case of African American women ﬁreﬁghters. Sex Roles, 35(5/6), 253-270. 1996. Retrieved March 8, 2006, from ProQuest database. ■ Susan Strauss, RN, Ed.D., is a national and international speaker, trainer, consultant and a recognized expert on harassment. She conducts harassment and workplace bullying investigations and functions as a consultant to attorneys as well as an expert witness in harassment lawsuits. Her clients are from business, education, health care, law, and government organizations from both the public and private sector. http://www.eeoc.gov/docs/harassment.html

Table of Contents Feed for the Digital Edition of HR Pulse - Winter 2008

HR Pulse - Winter 2008 Contents Pulse Points Executive Director’s Letter President’s Message HR Leader Profile: Karmen Reid Advocacy is for Everyone A Case Study in Raising Voices Diversity Management Measuring What Matters Bullying as Gender Harassment Combat Workforce Changes Hardwiring Accountability Immigration Frustration HR and Education Making Exit Interviews Count Management Styles that Enhance Intrinsic Motivation Backup Care Fact or Fiction 10 Ways to Lose Your Best People Advertisers’ Index

HR Pulse - Winter 2008

For optimal viewing of this digital publication, please enable JavaScript and then refresh the page. If you would like to try to load the digital publication without using Flash Player detection, please click here.